Refunds for Digital AI-Derivative Artwork

Due to the instant nature of digital file delivery (email confirmation and account access), all sales of AI-derivative artwork are final. We do not offer refunds or exchanges for digital purchases, unless required by applicable law. If the buyer has already downloaded the digital artwork, no refund will be issued under any circumstances.

Refunds for Physical Reprints

If you receive a damaged, defective, or incorrect physical reprint, you must contact us within 7 days of delivery (this is your cooling-off period) at ml@articulator.ai. Even if you return the physical reprint, we will keep 50% of the original purchase price to cover production and shipping costs. We will then provide a replacement physical reprint at no additional cost for the remaining 50% value. To process your request, you must provide your order number, clear photos of the damage or defect, and the original artwork title.

Exceptions

We do not offer refunds for change of mind or for mismatched expectations regarding style modification. We also do not offer refunds for issues caused by an incorrect shipping address provided by the buyer.

Processing Time

Digital delivery, which includes email confirmation and account access, occurs within a few minutes after successful payment. Physical reprints are printed on demand, so please allow 3 to 5 business days for production.

Shipping Times & Costs

For domestic shipping within Hong Kong, delivery typically takes 7 to 14 business days. For international shipping, delivery typically takes up to 30 business days. Shipping costs are calculated at checkout based on the destination country and the weight of the package.

Carriers

We use SF Express for all physical reprint shipments. A tracking number will be emailed to you once your order has been shipped.

Customs & Duties

International orders may incur customs fees, import duties, or taxes, which are the sole responsibility of the buyer. We are not responsible for any delays caused by customs clearance.

Parties

1. Articulator.ai ("Company"), a digital platform that is fully owned, developed and serviced by Art Growth Limited - a Hong Kong registered company with registration number (77130892) under the laws of Hong Kong SAR, with its registered office at 1305 655 Nathan Road, Mongkok, Kowloon Hong Kong.
2. The Users are separately defined as either an Artist or a Collector or both. Users may be individuals or entities agreeing to these terms and conditions when using the Articulator.ai platform.

Definitions

1.1 "Artist": A registered user validated through the Company's KYC process to upload an image of the Original Artwork and agree to license his or her original artwork to the Company in this platform for co-creating derivative digital artwork using the platform's features and services.
1.2 "Original Artwork": High-resolution images uploaded by the Artist, declared by the Artist to be their exclusive intellectual property.
1.3 "Digital Derivative": Output generated by the Company's proprietary AI tools, based on the Original Artwork.
1.4 "Physical Print": a printed version of the artwork based on the Digital Derivative
1.5 "Platform": Articulator.ai's website, services, and partners, including print/delivery providers.
1.6 "Watermark": refers to the Company's specific watermarking technology in combination to apply both a human-readable watermark and a machine-readable watermark and a patented 2D barcode technology embedding ownership data into artwork, linked to a blockchain record
1.7 "Collector": A registered user of the Platform who purchases or otherwise acquires rights to Digital Derivatives or physical prints made available through the Platform.
1.8 "Purchase": The transaction by which a Collector obtains a limited license to a unique Digital Derivative or a physical print with museum-grade quality paper of the digital derivative artwork.
1.9 "Stripe": the payment gateway company that artists can set up to collect payment directly from each purchase.

Acceptance of Terms and Conditions

2.1 By registering, uploading content, or using the Platform, the user agrees to this End User License Agreement (EULA) by the company.
2.2 The Company reserves the right to modify this EULA at its discretion. Continued use constitutes acceptance of revised terms.
2.3 The terms and conditions defined in this EULA will be updated from time to time by the company as necessary.

Eligibility & KYC

3.1 Eligibility:

• The user must be at least 18 years old and legally capable of entering binding agreements and be invited by the Company through special invitation codes.
• An Artist must complete the Company's KYC verification process to validate: (a) Identity (e.g., government-issued ID); (b) Artistic practice (e.g., portfolio review); (c) Ownership of Original Artwork.
• The Company may reject the user's application or terminate accounts at its sole discretion for fraud, misrepresentation, or breach of this EULA.

License Grants (for Artists)

4.1 License from Artist to Company:

• The Artist grants the Company a non-exclusive, royalty-free, worldwide, sublicensable license to: (a) Use, reproduce, and modify the Original Artwork solely to create Digital Derivatives; (b) Display the Original Artwork (with Watermark) on the Platform for promotional purposes; (c) Store the Original Artwork on secure servers.
• The Original Artwork in its digital form shall not be sold, downloaded, or publicly distributed by the Company.

4.2 License from Company to Artist:

• The Company grants the Artist a non-exclusive, revocable, non-transferable license to sell Digital Derivatives through the Platform by promoting to the Artist's own circle of friends.
• All sales must occur via the Platform; the Artist may not independently commercialize Digital Derivatives.

Ownership & Intellectual Property (for Artists)

5.1 Original Artwork: The Artist retains full copyright and moral rights to the Original Artwork and also the derivative generated by the platform. The Artist warrants that they own all rights to the Original Artwork and that it does not infringe third-party rights.

5.2 Digital Derivatives and the Certificate of Authenticity: The Company does not own the intellectual property rights for the Digital Derivatives and the Certificate of Authenticity that forms part of the services provided to the artists. However, the Company does own the copyrights in the proprietary algorithms in the generative AI platform and including the copyrights to all the customised coding and associated blockchain records. The Artist may not claim ownership or challenge the Company's rights to the coding, algorithms, blockchain records and anything related to decentralised art id as assigned to each artwork.

5.3 Watermark & Blockchain: All Digital Derivatives and Original Artwork displayed on the Platform shall bear the Company's Watermark with the word "Articulator" clearly seen, encoding: (a) Provenance data; (b) Ownership history; (c) A unique blockchain ID. Tampering with, removing, or obscuring the Watermark constitutes a material breach of this EULA.

Revenue Sharing & Payments (for Artists)

6.1 Revenue Split: Sales proceeds (after deducting payment processor fees like Stripe) shall be split 80% to Artist / 20% to Company.

6.2 Payouts: Payments to Artists are processed within 30 days of sale completion. The Artist must provide valid payment details on Stripe or otherwise and comply with tax reporting obligations. The Company may withhold payments if the Artist breaches this EULA or disputes arise.

Terms for Collectors (Buyers)

7.1 Grant of License and Use Restrictions: Upon purchase, Collectors obtain a limited, non-exclusive, non-transferable, revocable license to display, possess, and privately enjoy the Digital Derivative for personal, non-commercial use only. Collectors may not use, copy, reproduce, modify, transmit, distribute, sell or exploit the Digital Derivative or print for commercial purposes without a separate written agreement. Collectors may not remove, obscure, or tamper with any watermark, blockchain identifier, or attribution embedded in the artwork or print.

7.2 Physical Print Fulfillment: Collectors may order high-quality museum-grade physical prints of purchased Digital Derivatives through the Platform for an additional fee. The Company will arrange delivery upon payment confirmation.

7.3 Ownership and Rights: Ownership of a purchased Digital Derivative confers possession of a unique, authenticated copy (digital or physical) only, but not copyright or commercial rights. All copyrights to Digital Derivatives and Original Artwork remain with the Company and/or Artist. No transfer of intellectual property or copyrights occurs unless specified in writing as a premium option.

Representations & Warranties (for Artists)

The Artist represents and warrants that:
8.1 They exclusively own all rights to the Original Artwork and have obtained necessary permissions for third-party content (if any).
8.2 The Original Artwork does not infringe intellectual property rights, privacy rights, or applicable laws.
8.3 They will not use the Platform for unlawful, fraudulent, or defamatory purposes.

Indemnification

The Artist shall indemnify and hold harmless the Company from and against any claims, damages, liabilities, losses, or expenses arising from or in connection with any breach of this EULA, any infringement or alleged infringement of third-party rights, or any misuse of the Platform. The Collectors shall indemnify and hold harmless the Company and the Artists from and against any claims, damages, liabilities, losses, or expenses arising from or in connection with any misuse of the Platform, unauthorized commercial exploitation, or breach of this EULA.

Termination

9.1 Termination by Company: The Company may terminate this EULA immediately for breach of Sections 3 (KYC), 5 (IP), or 8 (Warranties), or fraudulent activity.
9.2 Termination by Artist: The Artist may terminate with 30 days' written notice by email to alex@articulator.ai.
9.3 Post-Termination: The User's content will be removed from the Platform; outstanding payments will be settled within 60 days.
9.4 The Company reserves the right to revoke or terminate any Collector's license for breach of these terms. Upon termination, the Collector must cease all uses of Digital Derivative and destroy any unauthorized copies.

Dispute Resolution

10.1 Governing Law: This EULA is governed by Hong Kong SAR law.
10.2 Arbitration: Any dispute shall be resolved by binding arbitration in Hong Kong SAR under the Hong Kong International Arbitration Centre (HKIAC) rules. The tribunal shall consist of one arbitrator, and proceedings shall be in English.

Intellectual Property

Artists retain full copyright ownership of their Original Artwork. Buyers receive a non-exclusive, non-transferable license to display the AI Derivative for personal use only. Commercial use of any AI Derivative is strictly prohibited unless agreed in writing by the artist and the marketplace. The AI Derivative itself may not be resold, minted as an NFT, or used to train any other artificial intelligence models.

Artist and Marketplace Rights

The marketplace acts solely as a platform facilitating sales between artists and collectors. We do not claim ownership of any artwork or AI Derivatives. We reserve the right to remove any AI Derivative that infringes on third-party copyright, duplicates another artist's style excessively, or violates our content guidelines. For every sale, artists earn 80% of the purchase price, and the marketplace fee is 20%.

Buyer Responsibilities

You must provide a valid and accurate shipping address at the time of purchase. You agree not to copy, redistribute, or claim any AI Derivative as your own original work.

Limitation of Liability

We are not liable for any indirect, incidental, or consequential damages arising from your purchase or use of our platform. Our maximum liability to you is limited to the total amount you paid for the specific artwork in question.

You can reach us via email at ml@articulator.ai for all refund requests, shipping inquiries, and general support questions. You can also find us on Instagram at the handle "articulator.ai". Our response time is typically one to two business days.